Section 421-B:3 Sales and Purchases.
I. It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly:
(a) To employ any device, scheme, or artifice to defraud;
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
II. For purposes of this section, a fraudulent or deceptive device or contrivance shall include, but shall not be limited to:
(a) Representing in the offer or sale of securities, in writing or orally, that there is a guarantee against risk or loss.
(b) Inducing excessive trading in a customer's account, or inducing trading beyond that customer's known financial resources.
(c) Effecting transactions in the account of a customer without his or her knowledge or maintaining discretionary accounts without written authorization.
Source. 1981, 214:1, eff. Jan. 1, 1982. 2006, 245:2, eff. July 1, 2006.